What actions should be taken if a trademark owner believes that its trademark is being infringed?
Usually, a letter is sent to the alleged infringer informing them to discontinue the use of the infringing mark. If this is not successful, a lawsuit may need to be filed in the appropriate Federal District Court. The decision whether or not to file a lawsuit will depend primarily upon the value of the mark and the probability of successfully prevailing at trial.
Related Questions
- If the trademark search finds a mark identical or similar to mine but the owner is no longer in business (or the mark is no longer being used by that business) am I free to use and register it?
- What actions should be taken if a trademark owner believes that its trademark is being infringed?
- What rights does a trademark owner have?
